Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1997 No. 264
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 264
Issued by the Authority of the Minister for Primary Industries and Energy
Agricultural And Veterinary Chemicals Code Act 1994
Agricultural and Veterinary Chemicals Code Regulations (Amendment)
Section 6 of the Agricultural and Veterinary Chemicals Code Act 1994 (the Act) provides that the Governor-General may make regulations for the purpose of the Act.
The Agricultural and Veterinary Chemicals Code Bill was passed in March 1994 as part of the package of legislation to implement the National Registration Scheme for agricultural and veterinary chemicals. The Agricultural and Veterinary Chemicals Code Regulations provide necessary support to the Act.
The regulations make three different types of amendments. The first adds an additional chemical to an existing list of chemicals in the Regulations; the second makes a minor technical amendment to the terminology in the Regulations; and the third implements two amendments recently proposed by the Senate Standing Committee on Regulations and Ordinances.
The proposed regulations add the insecticide dimethoate to the list of 'date-controlled products' in the Regulations. Date-controlled products are agricultural and veterinary chemical products which, as a condition of their registration by the National Registration Authority for Agricultural and Veterinary Chemicals (NRA) must not be sold/supplied later than the date specified on the label. (Reg 5).
The reason for this amendment is that it has become apparent that dimethoate degrades reasonably quickly at elevated storage temperatures. Making dimethoate a date-controlled product is a sensible approach to the problem.
The proposed regulations also make corrections in the terminology used in the schedules of both 'date-controlled products' and 'restricted chemical products' in the Regulations. (The latter are products which can only be supplied to an authorised person. Authorised persons are required to have appropriate skills and equipment, and use due care in their activities). At present, most of the names shown are in fact the names of active ingredients, whereas, strictly speaking, the schedules should list products. This amendment changes, for instance, 'diazinon' to read (in effect) 'products based on diazinon'. (Reg 6).
Furthermore, the proposed regulations implement two minor amendments to the Regulations proposed by the Senate Standing Committee on Regulations and Ordinances, as follows:
(a) to subregulation 47 A (b): amend the Regulations so as to make decisions of the NRA to remove notification numbers assigned by the NRA to premises selling hormonal growth promotants subject to review by the Administrative Appeals Tribunal (Regs2,3). (A notification number entitles the holder of the number to sell hormonal growth promotants from the registered premises. The Regulations prescribe that a notification number lapses at the end of 12 months unless the prescribed fee is paid to the NRA) ; and
(b) to subregulation 59 C (4) amend the Regulations so as to allow a period not less than one month for a trustee in bankruptcy of a licenceholder, or the legal representative of a deceased licenceholder to provide the information about legal matters requested in accordance with that subregulation by the NRA before such persons lose their status as an 'exempt person' under the Regulations. (An exempt person is an unlicensed person whose position remains legally valid until the NRA makes a decision upon their application for a licence in respect of a product which has been brought within the ambit of the manufacturing control arrangements). (Reg 4).
Details of the regulations are included in the attachment.
ATTACHMENT
Regulation 1 provides that the Agricultural and Veterinary Chemicals Code Regulations are amended by the Agricultural and Veterinary Chemicals Code Regulations (Amendment). The regulations will commence on gazettal.
Regulation 2 omits the power of the NRA to withdraw a notification number for premises supplying hormonal growth promotants and replaces it with a requirement for the NRA to warn the assignee of withdrawal and specify a maximum elapsed _ period, and allows the NRA to then withdraw the notification number after the expiry of the period.
Regulation 3 provides that a decision under regulation 2 can be brought before the Administrative Appeals Tribunal.
Regulation 4 allows a period not less than one month for a legal personal representative or trustee in bankruptcy of a licenceholder, or of a deceased licenceholder to provide information about legal matters requested in accordance with that subregulation by the NRA.
Regulation 5 prescribes products based on the chemical dimethoate as date-controlled products; and also makes a minor correction to the terminology of the chemicals already in the list ie it specifies products based upon the active ingredient, rather than specifying the active ingredient.
Regulation 6 makes a minor correction to the terminology of most of the chemicals already in the list of restricted chemical products ie it specifies products based upon the active ingredient, rather than specifying the active ingredient.
Overview
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1997 No. 264 was enacted to make amendments to the Agricultural and Veterinary Chemicals Code Regulations, which support the Agricultural and Veterinary Chemicals Code Act 1994. This Act was introduced to facilitate the implementation of the National Registration Scheme for agricultural and veterinary chemicals. The amendments were issued under the authority of the Minister for Primary Industries and Energy, aiming to address specific issues identified in the existing regulatory framework. The regulations include the addition of dimethoate to the list of date-controlled products, a correction in terminology to clarify that the schedules list products rather than active ingredients, and changes to allow review of decisions regarding the removal of notification numbers for premises selling hormonal growth promotants and to extend the time period for trustees in bankruptcy or legal representatives of deceased licenceholders to provide information to the National Registration Authority. These amendments aim to ensure that the regulatory framework is accurate, effective, and fair in its application.
Scope and Application
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1997 No. 264 applies to entities and individuals involved in the sale, supply, and use of agricultural and veterinary chemicals within Australia. These regulations amend the existing Agricultural and Veterinary Chemicals Code Regulations to address specific issues related to chemical products and their regulation. The amendments include the addition of the insecticide dimethoate to the list of date-controlled products, thereby ensuring that such products are not sold or supplied beyond their specified expiration dates. This amendment is crucial given that dimethoate degrades quickly at higher temperatures, making it imperative to regulate its sale accordingly. The regulations also correct terminological errors in the schedules of date-controlled and restricted chemical products, ensuring that the schedules accurately reflect the products rather than their active ingredients. Additionally, the regulations implement amendments proposed by the Senate Standing Committee on Regulations and Ordinances, which affect the review of decisions by the National Registration Authority regarding the removal of notification numbers for premises selling hormonal growth promotants, and extend the period for trustees in bankruptcy or legal representatives of deceased licenceholders to provide necessary information to the NRA. These regulations have a national reach, as they are made under the Agricultural and Veterinary Chemicals Code Act 1994, which is a Commonwealth Act.
Key Provisions
The Agricultural and Veterinary Chemicals Code Regulations (Amendment) 1997 No. 264 (the Amendment) introduces several key changes to the Agricultural and Veterinary Chemicals Code Regulations, primarily focusing on the management and control of specific chemicals used in agriculture and veterinary practices. Regulation 5 adds the insecticide dimethoate to the list of 'date-controlled products'. This means that products containing dimethoate, which degrades quickly at elevated temperatures, must now be sold or supplied by the date specified on the product label (Reg 5). This amendment is intended to mitigate the risk of using expired products, thereby ensuring safety and efficacy in agricultural practices. Regulation 6 addresses a technical issue by correcting the terminology in the schedules of both 'date-controlled products' and'restricted chemical products' to reflect that these lists should specify products based on the active ingredients, rather than just the active ingredients themselves (Reg 6).
The Amendment imposes several obligations on parties governed by the Agricultural and Veterinary Chemicals Code Regulations. Firstly, it mandates that any products containing dimethoate must adhere to the date-controlled product requirements, ensuring that they are not sold or supplied past the specified date on the label (Reg 5). Secondly, it requires the National Registration Authority (NRA) to warn the assignee of a notification number for premises supplying hormonal growth promotants of the potential withdrawal of their notification number and to specify a maximum period within which the notification number can be retained, after which the NRA can withdraw it (Regs 2, 3). Additionally, the Amendment obligates the NRA to allow a minimum one-month period for a trustee in bankruptcy or the legal representative of a deceased licenceholder to provide necessary information about legal matters before they lose their status as an 'exempt person' (Reg 4).
The Amendment also includes provisions for potential breaches and their consequences. Regulation 2 removes the NRA's power to immediately withdraw a notification number for premises supplying hormonal growth promotants, instead requiring a warning and a specified period before withdrawal, and allows such decisions to be reviewed by the Administrative Appeals Tribunal (Regs 2, 3). Regulation 4 ensures that trustees in bankruptcy or legal representatives of deceased licenceholders have adequate time to provide required information, with failure to do so within the specified period resulting in the loss of their 'exempt person' status (Reg 4). While the Amendment does not explicitly state maximum penalties for breaches, non-compliance with the regulations could result in administrative or legal consequences as outlined in the broader Agricultural and Veterinary Chemicals Code Act 1994.